Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-09-10
FOR A CHILD.
A Decision in an Important
Habeas Corpus Case.
The Dying Wishes of a Mother the
Basis of the Defense.

DAVENPORT, Iowa, sept. y udse
Brannan, of the district court, filed an
opinion in one of thu most important
civil causes ever tried in Iowa. 1t is the
habeas corpus suit of Camille w. Pat
rick, her father and guardian, vs. Ca
mile S. McManus. The subject in the
case is Camille VIZ Patrick, a bright lit
tie 5-year-old girl, and the result. of the
trial involved her possession. The childss
mother died October 8, 1886, after q ling
ering sickness from consumption. Be-
fore her death 1t was the mothers re-
quest that the child should be taken by
its grandmother, after whom it was
named, Mrs. Camille S. McManus. By
strategy the grandmother became pos,
sessed of the child at the time of its
mothers death, and has retained 1t ever
since. Proceedings in the case were first
begun in st. Lonis the 18th of October,
1856, but the child was then in Davsn-
port, and before service of process could
be made on Mrs. McManus she had
passed over into Illinois. The final pro-
ceeding was instituted May IA, last. The
testimony of 176 witnesses was presented
at the hearing which occupied three
weeks. The witnesses were summoned
from Tennessee, Missouri, Colorado,
Wyoming, Iowa and other states. The
arguments consumed four days, and the
counsel on both sides was eminent for
ability.
Judge Brennan, in his decision, which
occupied eight newspaper columns, goes
over the evidence in detail, and DEGREES
that the custody belongs to the father.
The judge says, in concluding:
"Such changes the authorities all say
l M a " he nffnnInA tystl n,,,,,xy = ~ ~
and should be avoided IL possible. Look
| the present welfare CT this child, it seeras
clear to me that it would be far better
for the child to go to the father now,
when 1t can readily be adapted to new
circumstances and conditions, than to
have him takeit at q more advanced age,
when its removal, although a possible
necessity, might, nevertheless, be of seri.
GUS injury to it. This, in my judgment,
Is decisive of the cause. / nave given to
this case the deepest and most anxious
thought, n whatever my own personal
wishes II desires may be, my duty,
painful as it. is under the law, as l am
constrained to view 1t, leaves me no other
alternative than to order that the child
be returned to its natural guardian, the
father. Under the peculiar circumstan-
ces OF this case the order will be without
costs, each party TO pay his own costs,
and the Incidental costs and expenses
made In progress of the trial or growing
out OF 1t to be borne by the parties
equally. Under ordinary circumstances,
and In ordinary cases, my duty might
well end with the Judgment pronounced.
But the subject Of the controversy was
brought into the courtroom daily for a
| she.. time during the entire progress OF
this protracted trial. She was, while in
the room, the object to whom all eyes
We're turned, and in whom all interest
wa conferred, and when l have seen this
fair child, its fresh young face radia al
with the happiness of early childhood,
looking up with eyes of love and trust 81
each of these contending parties, the con.
viction has grown upon me that she, she
innocent and %unconcieus cause OF this
bitter controversy, would, under Proyi
dence, be the means, measurably at least,
OF reuniting friendships that he'd beeE
broken, and of closing the ohasm that
had kept them apart.
Each OF them has q warm affection
for her, and her own welfare and happi
ness will be largely promoted by the
tender care and gentle sympathfes O.
both. She was given 10 her grandmothe,
by q dying daughter, as a bequest, witt
the Injunction to keep 1t and not par
with it. She accepted 1t as q sacred trus,
committed to her under the most solemn
circumstances, and she could do no les,
without embittering the last moments Of
q deeply loved daughter with anguish
and despair. The gift Of the child vestet
i9 her no legal right to its custody, but
D felt that 1t ossated IN her a high
moral duty, and all that she has done II
the fulfllment of . pledge made in tn,
presancs OF death. If there was anything
Of error la this, 1t was error sanctifed By
the hottest impulses. and SO closely allied
to the highest virtue that censure is los
in admiration, j trust that these partie,
will do themselves what, under the law
1t was impossible tor me to do, and tina
IL 50 cen;e to an understanding by which
the child, as far as practicable, may hay,
the benefit Of the unrestraIned society o
It's relatives on both Sides"